How can she remove him and keep herself safe?
answered on Feb 22, 2022
She needs to provide notice and then file the eviction paperwork with the court. I'm sure anyone who responds would be happy to hep if you decide to hire an attorney. Good luck!
My girlfriend called the cops on me and showed a bruise on her face saying that I had hit her. I was taken to the detention center were I was given a restraining order not to speak to her for 3 days. I have court on Monday about the case. I want to know if I can go to jail?
answered on Jan 5, 2022
If you have a pending criminal case you need to consult a criminal attorney who handles these and get a private consult. You should not be discussing specific facts of a pending criminal case on a public site like this.
Yes....in Virginia you could get jail time but there are also... Read more »
The petitioner alerted the court that I had sent her text messages. This was a violation of a no-contact protective order AND a no contact condition of a sentence that included 12 months of suspended time. However, she also sent text messages and engaged in several lengthy text conversations with... Read more »
answered on Nov 20, 2021
Sounds like you're definitely in violation. Hire a lawyer to help minimize what they do.
How can I get a subpoena without a lawyer?
May I object to questions on interrogatories due to dress? The questions are absolutely placing me under duress and giving him all of the criminal evidence used against him
answered on Apr 29, 2021
In some cases, you may request the clerk's office to issue a subpoena for you. The clerks cannot give you advice about how to request the subpoena, but many courts have forms available. A good place to start is the website of the court your legal matter is in. The Supreme Court of Virginia... Read more »
My parents are separated and going through a legal divorce. After my mom cheated on my dad and moved in with her boyfriend she and her boyfriend who has a criminal record have been threatening me and my little siblings. She recently sent a trespassing notice to my family saying we could not be near... Read more »
answered on Feb 28, 2021
Since your sent you a no trespassing notice and you acknowledge receipt of that notice by tearing it up and throwing it at the front door of where she lives, she can now call the police, if you go on her property, and have you charged with the criminal misdemeanor of trespassing. She can also look... Read more »
I'm just looking for the form needed to request a motion for dismissal of a removal order in Virginia.
answered on Feb 27, 2021
Go to the family court website for the form that you need, or call the clerk's office on Monday for the website link.
I filled out a criminal complaint against my partner after an argument that got physical. It resulted in multiple charges being filed, including two felonies. I already have a PFA prohibiting acts of abuse and I really don’t wish to cooperate due to a myriad of reasons. We’ve since reconciled,... Read more »
answered on Feb 10, 2021
Since you started the legal process by contacting the police and giving a statement, you will be required to be available to testify at any trial. If you are subpoenaed and do not show up to testify at court, the prosecutor can ask the judge to issue a warrant for your arrest. If you refuse to... Read more »
I filled a report that my fiancé choked me now I do not want him to lose his job
answered on Jan 11, 2021
You shouldn't be messaging or posting on social media. Anything you say can be used against you. Contact a criminal defense attorney in the county where this happened asap and get a consult. If case is in Northern VA I offer a free phone or video consult and you can contact me.
Husband charged with strangulation. I’ve spoken to state attorney to let them know I don’t want to proceed. But they’re refusing a bond and pushing for 4tears this is his first domestic charge. What should I do
answered on Dec 30, 2020
Calling the police and giving them a statement took this out of your hands. Try working with your husband’s attorney to see what you can do to help your husband.
My son, daughter and I have spoken to Guardian ad litem and explained what occurred. What are our rights that we don't want to go to court?
answered on Nov 27, 2020
If there is a subpoena for you to go to court you must go to court.
Is it possible to get out of the subpoena? I witness a domestic abuse case and had some video footage. I have not yet submitted it to the officer
answered on Nov 10, 2020
You can definitely be subpoena by the officer or the Commonwealth Attorney's Office. If the subpoena actually comes, there isn't a way to get out of it as its a court order. If it comes from the prosecutor's office, you can actually contact them and tell them your position about... Read more »
I just got an EPO against him for stalking and harassing me. I have the screenshots of the recent event that caused me to get the EPO, and still have evidence from when he attacked me with screenshots of him admitting to hitting me, pictures of bruises, and verbally abusing me,
he got... Read more »
answered on Nov 10, 2020
unfortunately, it depends would be the lawyer answer here. It depends on how extensive the physical abuse was - if it involved strangulation (choking) you, that's a felony and could be punishable at any point. There will be an issue obviously with your recanted statement but you could still... Read more »
Fiance received a ruling of good behavior for 2 years and the judge made the decision on June 1st. Well my fiance got a dwi while he was awaiting trial for the domestic violence. IF the judge made the ruling of 2 years good behavior, can the judge use the dwi against him, or would it even count if... Read more »
answered on Oct 12, 2020
Typically, an offense that occurred before the judge's order will not violate the "general good behavior" order.
The police came out at 5:00pm (the incident happened the night before and I decided to not call the police.) Initially I said that I didn’t want to talk about what happened with them then the police said the person made accusations that I placed my hands on them and I needed to tell my side. I... Read more »
answered on Oct 12, 2020
This is highly unlikely. If the police responded and no one was arrested, it is unlikely a report will make it's way to the Commonwealth Attorney's office. Charges have to start in the system via going through the magistrate or a report to the Commonwealth Attorney's office to... Read more »
answered on Oct 8, 2020
Unfortunately, the answer is "it depends." There may be ways for the case to be proven without their testimony if the police were involved. They may not assert their fifth amendment privilege correctly and the court may compel them to answer the question or face contempt. It sounds like... Read more »
One was back in 2007 or 08. The other was 2018. Both Dismissed
answered on Sep 10, 2020
You will need to get both Charges also EXPUNGED from your record. Dismissals do not also include erasing the charges from your criminal record. You will probably need a competent attorney, and I recommend calling the NRA for a referral.
to the common wealth attorney & the prosecutor that I'm no interested in pursuing charges do I still need to be at the preliminary hearing
answered on Aug 14, 2020
If you are given a subpoena, you are required to go to court. If you have concerns about testifying as a witness for the prosecution (commonwealth's attorney), you may want to reach out to a local attorney to discuss your legal options.
My boyfriend was charged with his first misdemeanor DV charge. The victim made a statement under the influence of alcohol and the police took pictures of arm scratches (did not break the skin). He has no criminal record. What will the court most likely rule? Will he go to jail?
answered on Jul 2, 2020
The answer to the question depends on a number of factors. Obviously with no criminal record and minimal injuries, things could be looked at very positively by the court. However, a domestic violence charge in Virginia carries up to twelve months in jail and up to a $2500 fine, if he is found... Read more »
1st DV case dismissed without any court proceedings. Victim didn't show, case dismissed.
2nd DV case 3 month later, prosecutor and judge used evidence from first dismissed case, to establish "history" and convict defendant, with bare minimum evidence for this new case.
answered on Jun 11, 2020
Typically, the answer to your question would be no unless they overcame an exception to the rules of evidence about patterns or modus operandi which means a method in which you operate to commit the crime. I would speak to your lawyer about what happened in court. You have a right to appeal... Read more »
My wife's paramour was found to have abused my children. I have full custody. The Protective order was issued after a Full Hearing was held with all parties present. The judge only issued it for 60 days so I could get it in front of my county's Custody court for a modification to make the... Read more »
answered on May 26, 2020
I regret that I do not handle protective order case or domestic relations matters. Sorry.
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